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Tuesday, March 28, 2023: Senate HELP Committee Advanced Nominations for Kotagal as EEOC Commissioner & Looman as WHD Head - The U.S. Senate Committee on Health, Education, Labor, and Pensions (“HELP”) Committee voted to...more
On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more
The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more
President Joe Biden’s campaign advocated for workers’ rights and sought to prevent the misclassification of employees as independent contractors. In accordance with his platform, on May 5, 2021, the Biden Administration...more
Minimum Wage Increase Booted From Stimulus Package. Even before members of the U.S. House of Representatives could vote on their $1.9 trillion stimulus package, the parliamentarian of the U.S. Senate had ruled that the...more
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
Status Check on Congress. We are more than one week into the Biden administration and the president has made progress filling out his cabinet. Antony Blinken (U.S. secretary of state), Janet Yellen (U.S. secretary of the...more
Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
We Juan It! The Washington Nationals are World Series champions, and it is Soto-rific. This is the first World Series championship victory for Washington, D.C., since 1924, when Firpo Marberry and the Washington Senators beat...more
In what has become an annual tradition, New York state employers should once again take note of mandatory wage and salary increases that will take effect at year’s end. In addition, employers should be aware of the increased...more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
As is par for the course with the start of a new presidential administration, many changes to employment laws are anticipated, with several already underway. The most recent of which is the test used to determine whether...more
On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more
Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more
Readers will recall our prior posts regarding the U.S. Department of Labor's regulatory position adopted in 2011 saying that an employer may not retain any of an employee's tips even if it...more
The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a...more
Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more
Under the “hired to invent” doctrine, employees who develop intellectual property during the course of their employment generally have no ownership rights to such innovations. Earlier this month, the North Carolina Supreme...more